Chapter 10.44
FIREWORKS1
Sections:
10.44.010 Adoption of sections of Revised Code of Washington by reference.
10.44.020 City – Local public agency – Local government – Defined.
10.44.030 Local fire official – Defined.
10.44.040 Designee – Fire chief.
10.44.045 “Common fireworks” and “display fireworks” – Additional definitions.
10.44.050 State license and city permit required.
10.44.055 Inspections required.
10.44.060 Copy of license to be filed.
10.44.070 Certificate of insurance required.
10.44.080 Activities to be conducted in a safe and reasonable manner.
10.44.090 Permit required for sales – Application.
10.44.100 Retail fireworks stands.
10.44.110 Sale and discharge of fireworks.
10.44.120 Special purchase and use permits.
10.44.130 Permit for public display.
10.44.140 Agreement to confiscate and destroy illegal fireworks – Alternative to seizure process.
10.44.155 Prohibitions due to extreme fire danger.
10.44.010 Adoption of sections of Revised Code of Washington by reference.
The following laws contained within the Revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full; provided, that any provision in the RCW dealing solely and exclusively with the investigation, prosecution, or sentencing of a felony crime is not adopted herein.
RCW
70.77.126 Definitions – “Fireworks.”
70.77.131 Definitions – “Display fireworks.”
70.77.136 Definitions – “Common fireworks.”
70.77.141 Definitions – “Agricultural and wildlife fireworks.”
70.77.146 Definitions – “Special effects.”
70.77.160 Definitions – “Public display of fireworks.”
70.77.165 Definitions – “Fire nuisance.”
70.77.170 Definitions – “License.”
70.77.175 Definitions – “Licensee.”
70.77.180 Definitions – “Permit.”
70.77.190 Definitions – “Person.”
70.77.200 Definitions – “Importer.”
70.77.205 Definitions – “Manufacturer.”
70.77.210 Definitions – “Wholesaler.”
70.77.215 Definitions – “Retailer.”
70.77.230 Definitions – “Pyrotechnic operator.”
70.77.236 Definitions – “New fireworks item.”
70.77.255 Acts prohibited without appropriate licenses and permits – Minimum age for license or permit – Activities permitted without license or permit.
70.77.260 Application for permit.
70.77.265 Investigation, report on permit application.
70.77.270 Governing body to grant permits – State-wide standards – Liability insurance.
70.77.280 Public display permit – Investigation – Governing body to grant – Conditions.
70.77.285 Public display permit – Bond or insurance for liability.
70.77.290 Public display permit – Granted for exclusive purpose.
70.77.295 Public display permit – Amount of bond or insurance.
70.77.345 Duration of licenses and retail fireworks sales permits.
70.77.381 Wholesalers and retailers – Liability insurance requirements.
70.77.386 Retailers – Purchase from licensed wholesalers.
70.77.401 Sale of certain fireworks prohibited.
70.77.405 Authorized sale of toy caps, tricks, and novelties.
70.77.410 Public displays not to be hazardous.
70.77.415 Supervision of public displays.
70.77.420 Storage permit required – Application – Investigation – Grant or denial – Conditions.
70.77.425 Approved storage facilities required.
70.77.435 Seizure of fireworks.
70.77.440 Seizure of fireworks – Proceedings for forfeiture – Disposal of confiscated fireworks.
70.77.480 Prohibited transfers of fireworks.
70.77.485 Unlawful possession of fireworks – Penalties.
70.77.488 Unlawful discharge or use of fireworks – Penalty.
70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc.
70.77.510 Unlawful sales or transfers of display fireworks – Penalty.
70.77.515 Unlawful sales or transfers of common fireworks – Penalty.
70.77.517 Unlawful transportation of fireworks – Penalty.
70.77.520 Unlawful to permit fire nuisance where fireworks kept – Penalty.
(Ord. 07-11 § 2, 2011).
10.44.020 City – Local public agency – Local government – Defined.
The terms “city,” “local public agency,” and “local government,” as used in the sections of Chapter 70.77 RCW that are adopted by reference in this chapter, shall mean the city of Buckley. (Ord. 07-11 § 2, 2011).
10.44.030 Local fire official – Defined.
The term “local fire official,” as used in the provisions of the Revised Code of Washington adopted by this chapter, shall mean the fire chief of the city of Buckley. (Ord. 07-11 § 2, 2011).
10.44.040 Designee – Fire chief.
Pursuant to RCW 70.77.270, the city council hereby designates the fire chief or his or her designee as the person with authority to grant or deny permits that are sought pursuant to this chapter. (Ord. 07-11 § 2, 2011).
10.44.045 “Common fireworks” and “display fireworks” – Additional definitions.
(1) The term “common fireworks” shall, in addition to the definition set forth in RCW 70.77.136, include the types of fireworks set forth in WAC 212-17-035.
(2) The term “display fireworks” shall, in addition to the definition set forth in RCW 70.77.131, include the types of fireworks set forth in WAC 212-17-040. (Ord. 07-11 § 2, 2011).
10.44.050 State license and city permit required.
(1) Pursuant to Chapter 70.77 RCW and this chapter, a permit issued by the fire chief or his or her designee shall be required for any activity enumerated in RCW 70.77.255(1) or BMC 10.44.140.
(2) No permit for the activities set forth in RCW 70.77.255(1) shall be issued until (a) a license issued by the Chief of the Washington State Patrol is filed with the fire chief or his or her designee, and (b) a certificate of insurance as required by BMC 10.44.070 and Chapter 70.77 RCW is filed. (Ord. 07-11 § 2, 2011).
10.44.055 Inspections required.
Prior to the issuance of any permit, the fire chief or his or her designee shall perform an inspection of any structure or building intended for retail activity, wholesale activity, manufacturing activity, fireworks storage, or public display of fireworks, to determine whether such structures or buildings comply with the requirements of the Revised Code of Washington, the Washington Administrative Code or the city code. No permit shall be issued until such structures or buildings comply with applicable laws. (Ord. 07-11 § 2, 2011).
10.44.060 Copy of license to be filed.
Any person who obtains a permit as required by this chapter shall file with the fire chief a copy of each license for such activity required by Chapter 70.77 RCW. (Ord. 07-11 § 2, 2011).
10.44.070 Certificate of insurance required.
(1) As a condition of the issuance of any permit required by this chapter, and at all times during the sale, storage, or display of fireworks pursuant to the authority granted by a permit issued pursuant to this chapter, every retailer, wholesaler, manufacturer, or pyrotechnic operator operating within the city limits of Buckley shall obtain and have in effect a bond or insurance in the amounts required by RCW 70.77.270, 70.77.285 and 70.77.295. The fire chief shall approve the bond or insurance if it meets the requirements of this section.
(2) Any certificate of insurance or bond required by this chapter or the sections of Chapter 70.77 RCW adopted by this chapter shall provide that (a) the insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the fire chief of the city of Buckley and the chief of the Washington State Patrol; and (b) the city of Buckley, its employees, officers, agents, volunteers and officials are included as additional insureds; and (c) the city of Buckley is not responsible for any premiums or assessments on the policy.
(3) Nothing in this section shall relieve any person of the insurance requirements in Chapter 70.77 RCW. (Ord. 07-11 § 2, 2011).
10.44.080 Activities to be conducted in a safe and reasonable manner.
(1) All retailers of fireworks or persons publicly displaying fireworks shall be responsible for conducting activities in a manner that is safe and responsible and in compliance with all federal, state, and local laws and resolutions. The issuance of any permit required by this chapter shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner. The issuance of a permit shall not be deemed an endorsement by the city of Buckley of the activity engaged in.
(2) The city shall not be liable to any person, corporation, entity or holder of property for any damage that is caused by or derived from the display of fireworks, and the person displaying fireworks assumes all risks of such display and shall hold the city and its employees and officials harmless from any and all claims or causes of action for damage caused by or derived from such display. (Ord. 07-11 § 2, 2011).
10.44.090 Permit required for sales – Application.
An application for a permit to sell fireworks shall be made in writing to the fire chief or his or her designee no later than June 1st of the year for which permit is sought for the July 4th sales period and no later than December 1st of the year for which permit is sought for the New Year’s sales period, on forms provided for that purpose. Permit fees, inspection, and plan review charges shall be charged as required by resolution of the city council. The fire chief or his or her designee shall deny or grant any such application in writing. The fire chief or his or her designee may place reasonable conditions on any permit issued. The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the city council. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the city council, and no hearing shall be required. The determination of the city council of the appeal shall be final. (Ord. 23-15 § 1, 2015; Ord. 07-11 § 2, 2011).
10.44.100 Retail fireworks stands.2
The following requirements shall apply to the operation of retail fireworks stands (hereinafter “stand”):
(1) Prior to operating for business, a stand must be inspected and approved by the fire chief or his or her designee.
(2) Inspections of stands shall not be conducted until the fire chief or his or her designee has received the following:
(a) A temporary use application;
(b) Documentation of approval by the city planning department;
(c) A business license;
(d) A copy of the state license required by Chapter 70.77 RCW; and
(e) Proof of insurance required by BMC 10.44.070.
(3) Fire lanes and hydrants shall be maintained clear of obstruction and provide access at all times.
(4) No decorations shall be used unless flameproof.
(5) Electrical extension cords shall not be used without specific approval of the State Electrical Inspector or the fire chief or his or her designee.
(6) No stand shall be located within 25 feet of any other building, including motor homes and trailers, nor within 100 feet of any motor vehicle dispensing station, retail propane dispensing station, flammable liquid storage, or combustible liquid storage as required by WAC 212-17-21509 as now or hereafter amended. In addition stands shall not be located closer than 300 feet from any bulk storage of flammable or combustible liquid or gas, including bulk plant dispensing areas as required by WAC 212-17-21509 as now or hereafter amended.
(7) Each stand shall have at least two exits. Exits must be doors that open outward and must be clear and unlocked when the stand is occupied.
(8) Each stand shall have at least two properly operating 2A:20BC fire extinguishers mounted on the stand and easily accessible. Occupants must be physically capable of using the extinguishers, and must know how to operate the extinguishers.
(9) Smoking is prohibited inside stands and within 25 feet of the exterior of stands. “No Smoking” signs shall be posted on the exterior front, back and sides, and interior of the stand.
(10) No stand shall be located closer than 300 feet from another stand.
(11) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.
(12) Stands shall be operated by adults 18 years of age or older only. No fireworks shall be left unattended in a stand.
(13) Every stand shall have a sign stating:
NO FIREWORKS MAY BE SOLD TO ANY PERSON UNDER THE AGE OF SIXTEEN YEARS. THE DISCHARGE OF FIREWORKS IS ONLY PERMITTED BETWEEN THE HOURS OF 9:00 A.M. AND 12:00 A.M. JULY 2nd – JULY 6th AND BETWEEN THE HOURS OF 9:00 A.M. ON DECEMBER 31st THROUGH 12:30 A.M. ON JANUARY 1st. BUCKLEY MUNICIPAL CODE SECTION 10.44.110.
Signs shall be no smaller than 12 inches by 18 inches and shall have letters and background of contrasting colors, readily readable from at least 10 feet. Signs shall be affixed to the front of the stand and shall be visible to the public at all times the stand is open for business.
(14) Overnight sleeping in a stand is prohibited.
(15) Heating appliances are prohibited in stands.
(16) All unsold fireworks, accompanying litter, and the stand shall be removed from the location by 12:00 noon the sixth day of July each year.
(17) The separation requirements identified in subsection (10) of this section shall not apply to stands that were lawfully less than 600 feet apart in 2012; provided, that they may not be located closer than the minimum distance of separation as located in 2012. This provision shall expire July 11, 2013. (Ord. 07-13 § 1, 2013; Ord. 07-11 § 2, 2011).
10.44.110 Sale and discharge of fireworks.
(1) Except as permitted by this chapter and state law, it is unlawful to possess, discharge or sell at wholesale or retail any fireworks other than common fireworks.
(2) No common fireworks shall be sold or offered for sale at retail within the city except from 12:00 noon on the twenty-eighth day of June to 9:00 p.m. on the fourth day of July of each year and from 12:00 noon to 9:00 p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year. No common fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m.
(3) It is unlawful for a person to ignite, discharge, use or explode any common fireworks except between the hours of 9:00 a.m. and 12:00 a.m. (midnight) on July 4th; and except between the hours from 9:00 a.m. on December 31st through 12:30 a.m. on January 1st.
(4) It is unlawful for any person to discharge fireworks on the property of another without permission of the owner of such property. It is unlawful for any person to discharge fireworks in a public park unless a written permit has been obtained. It is unlawful for any person to discharge fireworks on city property that is not a park without the express written permission of the city council.
(5) No person shall sell any common fireworks to a consumer or user thereof under the age of 16 years.
(6) No person under the age of 16 years shall possess or discharge any fireworks unless directly supervised by an adult who is responsible for the person under the age of 16 years.
(7) The transfer of fireworks ownership, whether by sale at wholesale or retail, by gift or by other means of conveyance of title, or the delivery of any fireworks to any person who does not possess a valid permit at the time of such transfer where a permit is required by this chapter, is prohibited.
(8) The sale, transportation, possession, or discharge of fireworks not marked with the manufacturer’s license number and State Fire Marshal’s classification, as required by Chapter 70.77 RCW, is prohibited.
(9) This section shall take precedence over and shall preempt any conflicting provision of the Revised Code of Washington or the Washington Administrative Code. (Ord. 11-18 § 1, 2018; Ord. 10-18 § 1, 2018; Ord. 23-15 § 2, 2015; Ord. 07-11 § 2, 2011).
10.44.120 Special purchase and use permits.
(1) Religious organizations or private organizations or persons may purchase or use common fireworks on dates and at times other than that specified in BMC 10.44.110 if:
(a) Purchased from a manufacturer, importer or wholesaler licensed pursuant to Chapter 70.77 RCW;
(b) For use on prescribed dates and locations;
(c) For religious or specific purposes; and
(d) A permit is obtained from the fire chief or his or her designee.
(2) Applications for a permit required under this section shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each private or religious use of fireworks authorized by this section. The fire chief or his or her designee shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any person or property. Based on such investigation, the fire chief or his or her designee may grant or deny such permit and may place reasonable conditions on any permit issued.
(3) No permit issued pursuant to this section shall be transferable. If such permit is issued it shall be lawful only for the prescribed uses. A permit authorized by this section shall not be issued unless the applicant is over the age of 18 years. (Ord. 07-11 § 2, 2011).
10.44.130 Permit for public display.
(1) An application to make a public display of fireworks shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each display. Application shall be submitted at least 20 days in advance of the proposed display.
(2) The fire chief or his or her designee shall investigate whether the character and location of the display would be hazardous or dangerous to any person or property.
(3) If the fire chief or his or her designee grants a permit for the public display of fireworks, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be conducted or supervised by a competent and experienced pyrotechnic operator approved by the fire chief or his or her designee.
(4) The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the city council. The appeal shall be based solely upon written information provided by the applicant and the information obtained or held by the city council, and no hearing shall be required. The determination of the city council of the appeal shall be final. (Ord. 07-11 § 2, 2011).
10.44.140 Agreement to confiscate and destroy illegal fireworks – Alternative to seizure process.
(1) In lieu of the formal seizure and forfeiture process set forth in RCW 70.77.435 and 70.77.440, the city and the person possessing or selling fireworks subject to seizure may enter an agreement wherein the city agrees to confiscate and destroy the fireworks subject to seizure.
(2) Any agreement made pursuant to this section vests all rights, title and possession in the fireworks with the fire chief or his or her designee. The fireworks may be immediately destroyed or otherwise disposed of at the discretion of the fire chief or his or her designee. (Ord. 07-11 § 2, 2011).
10.44.150 Permit revocation.
Violations of any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of the permittee to obey any rules, regulation or request of the fire chief or his or her designee concerning fireworks, shall be grounds for the revocation of a fireworks permit. (Ord. 07-11 § 2, 2011).
10.44.155 Prohibitions due to extreme fire danger.
During periods of extreme fire danger, the fire chief and/or fire marshal may prohibit the sale and/or discharge of all fireworks. For the purpose of this section, “extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. (Ord. 10-18 § 2, 2018).
10.44.160 Penalty.
Except as otherwise provided in this chapter, any person violating any provision of this chapter or any permit issued pursuant to this chapter is guilty of a misdemeanor punishable by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. A person is guilty of a separate offense for each day or occurrence during which he or she commits, continues, or permits a violation of any provision of, or permit issued under this chapter. The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means. (Ord. 07-11 § 2, 2011).
10.44.170 Severability.
If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 07-11 § 2, 2011).
For the statutory provisions regarding fireworks in general, see Chapter 70.77 RCW.
Code reviser’s note: Section 3 of Ordinance 07-13 provides: “Effective date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the city, and shall take effect and be in full force one year after publication, provided that the amendment/adoption of BMC 10.44.100(6) and (17) shall immediately go into effect as an emergency ordinance as outlined in Section 4 of this ordinance.”